Condon taking legal action
LENNOX HEAD developer Chris Condon says he will take Ballina Shire Council to court after it refused yesterday to allow 10 of the 14 units at Lennox Point Apartments to be made available for permanent residents.
“I understand the decision of the council and I respect it,” he said.
“But I will be continuing with class one proceedings against the council in the Land and Environment Court.
“Unfortunately, this will come at a considerable cost to the community and to myself. But I am very confident the court will uphold our position.”
The application to change the units from tourist to residential use was rejected by the council in April, and councillors yesterday debated a review of that decision.
Another unit owner, Steve Connelly, told councillors the Lennox Point Apartments were a 'tiny little development' which had met most of the council requirements for the change of use.
“The intensity of use of this development is not being altered,” he said.
However, Cr Robyn Hordern said tourism accommodation in Lennox was already in short supply.
“They are great units for a holiday in a great region,” she said.
The council is currently assessing a change of use for some units at the Ramada at Ballina, but no decision has been made.
Cr Sharon Cadwallader said she was concerned people might buy a unit at the Lennox Point Apartments for living purposes, only to discover it was their 'worse nightmare' to live so close to tourists.
Cr Jeff Johnson said the motel was a 'good buffer' between the pub and nearby homes.
Mayor Phillip Silver said the application could not be approved simply because it did not meet planning requirements.
“It would make a mockery of the DCP (development control plan),” he said.